English Devolution and Community Empowerment Act 2026

Schedule 27 Powers to make regulations in relation to functions of strategic authorities and mayors

Section 54 Part 1 Conferral and modification of functions Strategic authorities outside London 1 (1) Regulations may make provision conferring an eligible function on the strategic authorities within a class specified in sub-paragraph (3). (2) Regulations may make provision modifying a function as it is exercisable by the strategic authorities within a class specified in sub-paragraph (3). (3) These are the classes referred to in sub-paragraphs (1) and (2)— (a) the single foundation strategic authorities; (b) the single foundation strategic authorities that are district councils; (c) the single foundation strategic authorities that are county councils; (d) the combined foundation strategic authorities; (e) the mayoral strategic authorities other than the established mayoral strategic authorities; (f) the established mayoral strategic authorities other than the GLA. (4) Regulations may not be made under this section unless the Secretary of State is satisfied that it is appropriate to do so having regard to the need to secure the effective exercise of the function concerned. (5) See also section 18 of the Cities and Local Government Devolution Act 2016 (devolving health service functions) which contains further limitations. (6) Before making regulations under this paragraph the Secretary of State must consult the following— (a) the affected strategic authorities; (b) the mayors of any of the affected strategic authorities that are mayoral strategic authorities; (c) the constituent councils of any affected strategic authorities that are combined authorities or CCAs; (d) any other person who exercises the function to which the regulations relate; (e) any other persons that the Secretary of State considers it appropriate to consult. (7) In this paragraph “affected strategic authorities” means the strategic authorities— (a) on which a function would be conferred by regulations under sub-paragraph (1), or (b) whose exercise of a function would be affected by regulations under sub-paragraph (2). Mayors outside London 2 (1) Regulations may make provision conferring an eligible function on the mayors within a class specified sub-paragraph (3). (2) Regulations may make provisions modifying a function as it is exercisable by the mayors within a class specified in sub-paragraph (3). (3) These are the classes referred to in sub-paragraphs (1) and (2)— (a) mayors for the areas of mayoral strategic authorities other than the established mayoral strategic authorities; (b) mayors for the areas of established mayoral strategic authorities other than the Mayor of London. (4) Regulations may not be made under this section unless the Secretary of State is satisfied that it is appropriate to do so having regard to the need to secure the effective exercise of the function concerned. (5) See also section 18 of the Cities and Local Government Devolution Act 2016 (devolving health service functions) which contains further limitations. (6) Before making regulations under this paragraph the Secretary of State must consult the following— (a) the affected mayors; (b) the strategic authorities for whose areas the affected mayors are the mayor; (c) the constituent councils of those strategic authorities; (d) any other person who exercises the function to which the regulations relate; (e) any other persons that the Secretary of State considers it appropriate to consult. (7) In this paragraph “affected mayors” means the mayors— (a) on which a function would be conferred by regulations under sub-paragraph (1), or (b) whose exercise of a function would be affected by regulations under sub-paragraph (2). GLA 3 (1) Regulations may make provision conferring an eligible function on the GLA, the Mayor of London or a GLA functional body. (2) Regulations may make provision modifying a function as it is exercisable by the GLA, the Mayor of London or a GLA functional body. (3) Regulations may not be made under this section unless the Secretary of State is satisfied that it is appropriate to do so having regard to the need to secure the effective exercise of the function concerned. (4) See also section 18 of the Cities and Local Government Devolution Act 2016 (devolving health service functions) which contains further limitations. (5) Before making regulations under this paragraph the Secretary of State must consult the following— (a) the Mayor of London, (b) the London Assembly, (c) in the case of regulations conferring a function on, or modifying a function of, a GLA functional body, that functional body; (d) the London Borough councils; (e) the Common Council of the City of London; (f) any other person who exercises the function to which the regulations relate; (g) any other persons that the Secretary of State considers it appropriate to consult. Interpretation 4 In this Part of this Schedule— “eligible function” means a function which— is a function of a public authority, and relates to any aspect of any area of competence; “function”— includes a power to make byelaws; but does not include a power to make any other instruments of a legislative character (including regulations); “public authority” includes a Minister of the Crown or a government department. Part 2 Movement of functions between mayors and strategic authorities Functions moving from strategic authorities to mayors outside London 5 (1) Regulations may provide for a function of— (a) the mayoral strategic authorities other than the established mayoral strategic authorities, or (b) the established mayoral strategic authorities other than the GLA, to be exercisable by the mayors for the areas of those authorities. (2) Regulations under this paragraph may provide for the function to be exercisable by the mayors— (a) solely; (b) concurrently or jointly with another person by which the function is already exercisable. (3) Regulations under this paragraph which provide for a function to be exercisable jointly with another person may provide for the function to also be exercisable by the other person alone. (4) Before making regulations under this paragraph the Secretary of State must consult the following— (a) the affected strategic authorities; (b) the mayors of the affected strategic authorities; (c) the constituent councils of the affected strategic authorities; (d) any other person who exercises the function to which the regulations relate, if their power to exercise it would be affected by the regulations; (e) any other persons that the Secretary of State considers it appropriate to consult. (5) In this paragraph “affected strategic authorities” means the strategic authorities to whose function regulations under this paragraph relate. Functions moving from mayors to strategic authorities outside London 6 (1) Regulations may provide for a function of the mayors for the areas of — (a) the mayoral strategic authorities other than the established mayoral strategic authorities, or (b) the established mayoral strategic authorities other than the Mayor of London, to be exercisable by those authorities. (2) Regulations under this paragraph may provide for the function to be exercisable by the authorities— (a) solely; (b) concurrently or jointly with another person by which the function is already exercisable. (3) Regulations under this paragraph which provide for a function to be exercisable jointly with another person may provide for the function to also be exercisable by the other person alone. (4) Before making regulations under this paragraph the Secretary of State must consult the following— (a) the affected mayors; (b) the strategic authorities for whose areas the affected mayors are the mayor; (c) the constituent councils of those strategic authorities; (d) any other person who exercises the function to which the regulations relate; (e) any other persons that the Secretary of State considers it appropriate to consult. (5) In this paragraph “affected mayors” means the mayors to whose function regulations under this paragraph relate. GLA functions 7 (1) Regulations may provide for a function of any of the following (the “current GLA holder”)— (a) the GLA; (b) the Mayor of London; (c) a GLA functional body; to be exercisable by another of them (the “new GLA holder”). (2) Regulations under this paragraph may provide for the function to be exercisable by the new GLA holder— (a) solely; (b) concurrently or jointly with another person by which the function is already exercisable. (3) Regulations under this paragraph which provide for a function to be exercisable jointly with another person may provide for the function to also be exercisable by the current GLA holder or other person alone. (4) Before making regulations under this paragraph the Secretary of State must consult the following— (a) the Mayor of London; (b) the London Assembly; (c) in a case where the current GLA holder or new GLA holder is a GLA functional body, that functional body; (d) the London Borough councils; (e) the Common Council of the City of London; (f) any other person who exercises the function to which the regulations relate, if their power to exercise it would be affected by the regulations; (g) any other persons that the Secretary of State considers it appropriate to consult. Part 3 Exercise of functions Strategic authorities outside London 8 (1) Regulations may make provision about the exercise of a function by any of these classes of strategic authorities (except for provision about voting on decisions to exercise the function — see Part 4 of this Schedule)— (a) the single foundation strategic authorities; (b) the single foundation strategic authorities that are district councils; (c) the single foundation strategic authorities that are county councils; (d) the combined foundation strategic authorities; (e) the mayoral strategic authorities other than the established mayoral strategic authorities; (f) the established mayoral strategic authorities other than the GLA. (2) Before making regulations under this paragraph the Secretary of State must consult the following— (a) the affected strategic authorities; (b) the constituent councils of any affected strategic authorities that are combined authorities or CCAs; (c) any other person who exercises the function to which the regulations relate, if their power to exercise it would be affected by the regulations; (d) any other persons that the Secretary of State considers it appropriate to consult. (3) In this paragraph “affected strategic authorities” means the strategic authorities to whose function regulations under this paragraph relate. Mayors outside London 9 (1) Regulations may make provision about the exercise of a function by the mayors of any of these classes of strategic authorities— (a) the mayoral strategic authorities other than the established mayoral strategic authorities; (b) the established mayoral strategic authorities other than the GLA. (2) Before making regulations under this paragraph the Secretary of State must consult the following— (a) the affected mayors; (b) the strategic authorities for whose areas the affected mayors are the mayor; (c) the constituent councils of those strategic authorities; (d) any other person who exercises the function to which the regulations relate, if their power to exercise it would be affected by the regulations; (e) any other persons that the Secretary of State considers it appropriate to consult. (3) In this paragraph “affected mayors” means the mayors to whose function regulations under this paragraph relate. London 10 (1) Regulations may make provision about the exercise of a function by— (a) the GLA, (b) the Mayor of London, or (c) a GLA functional body, except for provision about voting on decisions to exercise the function. (2) Before making regulations under this paragraph the Secretary of State must consult the following— (a) the Mayor of London; (b) the London Assembly; (c) in the case of a function of a GLA functional body, that functional body; (d) the London Borough councils; (e) the Common Council of the City of London; (f) any other person who exercises the function to which the regulations relate, if their power to exercise it would be affected by the regulations; (g) any other persons that the Secretary of State considers it appropriate to consult. Particular provision 11 (1) The provision that may be made under this Part of this Schedule includes provision for— (a) consent to be obtained before the function can be exercised; (b) consultation to take place before the function can be exercised; (c) conditions to be met before the function can be exercised; (d) the function to be exercisable subject to conditions or limitations specified in the regulations; (e) a function to be exercisable— (i) solely; (ii) concurrently or jointly with another person by which the function is already exercisable; (f) joint working arrangements in connection with the function (for example, provision for the function to be exercised by a joint committee). (2) Regulations under this Part of this Schedule which provide for a function to be exercisable jointly with another person may provide for the function to also be exercisable by that other person alone. Part 4 Voting on decisions Strategic authorities outside London 12 (1) Regulations may make provision about voting, by any of these classes of strategic authorities, on decisions to exercise a particular function— (a) the combined foundation strategic authorities; (b) the mayoral strategic authorities other than the established mayoral strategic authorities; (c) the established mayoral strategic authorities other than the GLA. (2) The provision that may be made under this paragraph includes provision for— (a) a decision to be made by a CCA or CCAs otherwise than in accordance with section 13A of LURA 2023; (b) a decision to be made by a combined authority or combined authorities otherwise than in accordance with section 104CA of LDEDCA 2009; (c) a decision to require a particular kind of majority (including a majority which includes a vote or votes of a particular kind of person). (3) Before making regulations under this paragraph the Secretary of State must consult the following— (a) the affected strategic authorities; (b) the constituent councils of any affected strategic authorities that are combined authorities or CCAs; (c) any other person who exercises the function to which the regulations relate, if their power to exercise it would be affected by the regulations; (d) any other persons that the Secretary of State considers it appropriate to consult. (4) In this paragraph “affected strategic authorities” means the strategic authorities to whose decision-making regulations under this paragraph relate. Part 5 Particular provision that may or may not be made by regulations Consequential abolition of public body 13 Regulations under this Schedule may, in particular, include provision to abolish the public authority in a case where, as a result of the regulations, it will no longer have any functions. Prohibition of self-regulation 14 (1) Regulations under this Schedule may not provide for a regulatory function that is exercisable by a public authority in relation to the whole of England to be exercisable by the recipients if the regulated function is itself exercisable by any or all of the recipients. (2) In this paragraph— “recipient” means an authority, mayor or body on which a function would be or has been conferred by regulations under this Schedule; “regulated function” means the function of carrying out an activity to which a regulatory function relates; “regulatory function” has the meaning given by section 32 of the Legislative and Regulatory Reform Act 2006. References to documents 15 (1) This paragraph applies where regulations under this Schedule contain a reference to a document specified or described in the regulations (for example, in imposing a condition by virtue of paragraph 11(1)(d) for recipients to have regard to, or to comply with, a statement of policy or standards set out in the document). (2) If it appears to the Secretary of State necessary or expedient for the reference to the document to be construed— (a) as a reference to that document as amended from time to time, or (b) as including a reference to a subsequent document that replaces that document, the regulations may make express provision to that effect. Functions which cannot be exercised by all strategic authorities or mayors in a class 16 (1) This paragraph applies to a power under this Schedule to make provision in relation to a function and a class of strategic authorities or mayors (the “relevant class”). (2) The power must be read as enabling regulations to make the provision in relation to the function and relevant class even if that function is not, or would not be, capable of exercise by some of the strategic authorities or mayors within that class for any reason. (3) Those reasons include the function being exercisable in relation to a thing or location which does not exist in the area of a strategic authority. Exercise of functions may begin at different times etc 17 (1) This paragraph applies to a power under this Schedule to confer a function on, or provide for a function to be exercisable by, a class of strategic authorities or mayors (the “relevant class”). (2) The power includes— (a) the power to provide for the function to begin to be exercisable by different members of the relevant class at different times or in different circumstances; (b) the power to make further regulations which specify the times at which, or circumstances in which, the function is to begin to be exercisable by different members of the relevant class. (3) Regulations under sub-paragraph (2)(b) may be made in relation to different members of the relevant class at different times. (4) In this paragraph “different members” of the relevant class includes members of the relevant class that are of different descriptions specified in regulations made under the power. Amendment of legislation 18 Regulations under this Schedule may amend, apply (with or without modifications), disapply, repeal or revoke any legislation whenever passed or made. Part 6 Pilot schemes Power to establish pilot scheme 19 (1) Regulations may make permitted provision for a period specified in the regulations (the “piloting period”). (2) The piloting period must initially be a period of three years or shorter. (3) But— (a) the Secretary of State may by regulations provide that the piloting period is to continue after the time when it would otherwise expire for a period not exceeding two years (and may make such regulations more than once); (b) a pilot scheme may be replaced by a further pilot scheme making the same or similar provision. Consent to pilot scheme 20 A pilot scheme may not make provision which relates to a strategic authority, mayor or GLA functional body unless that authority, mayor or body consents to the provision. Pilot scheme for some strategic authorities or mayors in a class 21 (1) This paragraph applies to permitted provision that may be made under another Part of this Schedule only in relation to a class of strategic authorities or mayors (the “relevant class”). (2) A pilot scheme may make that permitted provision in relation to one or some of the strategic authorities or mayors in that class (despite the fact that such provision could not be made under the other Part of this Schedule). (3) For that purpose— (a) where the relevant class consists of combined authorities and CCAs, the constituent councils of those authorities are “linked to” those authorities; (b) where the relevant class consists of mayoral strategic authorities, the mayors for the areas of those authorities are “linked to” those authorities; (c) where the relevant class consists of the mayors of combined authorities and CCAs, those authorities are “linked to” those mayors. Impact report 22 (1) A pilot scheme must include provision requiring the or each strategic authority, mayor or GLA functional body to which the pilot scheme relates— (a) to produce an impact report, and (b) to provide it to the Secretary of State. (2) The pilot scheme must specify when the impact report is to be provided to the Secretary of State. (3) An “impact report” produced by a strategic authority, mayor or GLA functional body is a report on whether, in the opinion of that authority, mayor or body, the pilot scheme has been successful. (4) An impact report may include a request for the Secretary of State to extend the piloting period by regulations under paragraph 19(3)(a). Response to a pilot scheme 23 (1) This paragraph applies if the time for producing the impact report in relation to a pilot scheme has passed. (2) The Secretary of State must decide whether the pilot scheme has been successful. (3) If the Secretary of State decides that the function pilot scheme has been successful, the Secretary of State must also decide whether or not the changes made by the pilot scheme should be given effect after the end of the piloting period by the making of any of the following (the “resulting secondary legislation”)— (a) regulations under any other Part of this Schedule; (b) an order under Chapter 2 of Part 6 of LDEDCA 2009; (c) regulations under Chapter 1 of Part of LURA 2023; (d) regulations under section 16 of the Cities and Local Government Devolution Act 2016. (4) In making those decisions, the Secretary of State must— (a) take into account any impact report or reports produced in relation to the pilot scheme; (b) consult— (i) the or each strategic authority, mayor or GLA functional body to which the pilot scheme relates, (ii) each strategic authority, mayor and GLA functional body to which the resulting secondary legislation would relate (if it were made), and (iii) any other person which the Secretary of State considers it appropriate to consult. Interpretation 24 (1) In this Part of this Schedule— “permitted provision” means provision that may be made under any other Part of this Schedule; “pilot scheme” means regulations under paragraph 19; “piloting period” has the meaning given in paragraph 19(1); “successful” has the meaning given in sub-paragraph (2). (2) For the purposes of this Part of this Schedule, a pilot scheme is “successful” if the changes made by it secured, or contributed to securing, the effective exercise of functions in relation to the areas of competence. Part 7 Making of regulations Powers to be exercisable by the Secretary of State 25 In this Schedule “regulations” means regulations made by the Secretary of State. Parliamentary scrutiny 26 (1) Regulations under paragraph 19(3)(a) are subject to negative resolution procedure. (2) Any other regulations under this Schedule are subject to affirmative resolution procedure. Mayoral strategic authorities: period before first mayor takes office 27 (1) The fact that a mayoral strategic authority is in the preparatory phase— (a) does not prevent regulations under this Schedule from making provision which applies to— (i) the mayor for its area, or (ii) the mayoral strategic authority; and (b) where a provision of this Schedule requires consultation with the members of a class which includes the mayoral strategic authority or the mayor for its area, does not— (i) prevent that requirement from being complied with by a consultation that does not involve the mayor, or (ii) require further consultation with the mayor after the first mayor has taken office. (2) Any power under this Schedule to make provision in relation to mayoral strategic authorities or mayors (the “relevant class”) must be read as enabling regulations to make provision in relation to the relevant class which applies only to— (a) those of the mayoral strategic authorities in the relevant class which are in the preparatory phase, or (b) those of the mayors in the relevant class that are mayors for the areas of mayoral strategic authorities which are in the preparatory phase. (3) Regulations under this Schedule may make provision which applies only to— (a) mayoral strategic authorities which are in a preparatory phase that is of a duration specified in the regulations, or (b) mayors for the areas of mayoral strategic authorities which are in a preparatory phase that is of a duration specified in the regulations. (4) For the purposes of this paragraph a mayoral strategic authority is in the “preparatory phase”— (a) after the authority has been established, but (b) before the first mayor for the authority’s area has taken office.